her? >> that's what we litigators call a bad draw if you're on the trump team. i think she's something, given that she takes this seriously, frankly, it shouldn't be a partisan issue. it should just be something all americans take seriously, an attack on our capitol. i think it gives her an insenttive to move this forward quickly. what i saw, an aggressive, hail mary that was built into this and she could prevent that from happening. >> one more question about wha happens next with steve bannon. so the house is going to vote. if the house votes to move forward with these criminal charges, who decides whether to prosecute him and why wouldn't they decide to prosecute him given he's being held in contempt? >> well, the united states attorney for the district of columbia would be the first person who makes that decision, but obviously there would be some consultation with the higher ups in the justice